CHAP. 305.—An ACT to amend charter of the town of Ash-
and.

Approved February 19, 1892.

Be it enacted by the general assembly of Virginia,
That sections one, two, three, and four of the act passed
March twenty-ninth, eighteen hundred and seventy-one,
entitled an act to amend and re-enact an act approved Feb-
ruary nineteenth, eighteen hundred and fifty-eight, enti-
tled an act to incorporate the town of Ashland, in the
county of Hanover, and the act amendatory thereof, ap-
proved January eleventh, eighteen hundred and sixty-four,
as amended by an act approved April ninth, eighteen hun-
dred and seventy-four, be amended and re-enacted so as to
read as follows:

§ 1. Be it enacted by the general assembly of Virginia,
That the corporate limits of the town of Ashland be ex-
tended from the present exterior limits of said town to
the following line, to-wit: Beginning at a point on the
west line of the Richmond, Fredericksburg and Potomac
railroad at the south side of an alley dividing the lands of
Holderby from the land of the Ashland land and im-
provement company; and thence running westwardly
along the south side of said alley to west line of Taylor
road ; and thence along the west line of Taylor road and
James street to Border street; and thence along Border
street to Stony run and corporation line; thence along
corporation line and Stony run and down the same to the
county road near Lankford’s crossing; thence along the
said road, north side, to its intersection with the Rich-
mond, Fredericksburg and Potomac railroad at Lankford’s
crossing; thence along west side of said railroad north-
wardly to a point opposite the southwest corner of Mrs. F.
S. Williams’ lot, and around said lot to present corpora-
tion line; thence northeastwardly along the present cor-
poration line to the southwestern corner of the Oakland
tract; thence along the southern line of said tract to the
old telegraph road; thence up said road, on its east line,
northwardly to the line of C. W. Coleman’s (formerly N. R.
James’ land); thence along the north line of a road called
Caroline street, along said Coleman’s line and the lines of
others, to the lot of Mrs. Caroline A. Scott; thence north
around and along said Caroline A. Scott’s line to Henry
street; and thence along Henry street, east side, as ex-
tended, to the northeastern corner of J. W. Blincoe’s lot
(formerly Stewart Sickler’s lot); thence along the line of
said Blincoe’s lot westwardly to the western side of Rich-
mond, Fredericksburg and Potomac railroad at the begin-
Ding; and that the same, as it has been heretofore and
may hereafter be laid off into lots, streets, and alleys, be,
and the same is hereby, made a town corporate by the
name of the town of Ashland, and by that name shall
have and exercise all the powers conferred by chapter for-
ty-four of the code of Virginia, so far as the same may be
applicable to the government of towns of less than five
thousand inhabitants, and not inconsistent with the provis-
ions of this act.

§ 2. The officers of said town shall consist of eleven
trustees, who.sball compose the council (six of whom shall
constitute a quorum to transact business), and a sergeant,
and such other officers as the council may appoint. The

said trustees shall hold their offices for two years and
until their successors are elected or appointed And qualify.
All other officers shall hold their offices for such terms,
not exceeding two years, as the council may prescribe.
The said council shall have power to pass all by-laws and
ordinances for the government of said town that they may
deem proper, and to prescribe penalties for the violation
of the same, not exceeding fifty dollars for any one of-
fence, and may subject the parent of any minor for any
such penalty or fine for any such offence committed by
such minor. All such fines or penalties may be prosecuted
and recovered, with costs, in the name of said town. The
said council shall have all the powers conferred by sections
one thousand and thirty, one thousand and thirty-two,
one thousand and thirty-five, one thousand and thirty-eight,
one thousand and forty-two of the code of Virginia, and
by the other general statutes of this state, except so far as
may be otherwise provided in this and other sections of
the charter of said town. The said council shall have
power to provide for keeping its streets in order, for pav-
ing the same, and for widening and altering or closing same,
and for draining the said town, and for other necessary
improvements; and for the purpose of paying the neces-
sary expenses of said town, including the taxes for the
schools hereinafter mentioned, the said council shall have

wer to levy such a tax on all the taxable property
in said town as they may deem proper, not exceeding one
dollar and twenty-five cents on the hundred dollars in
any one year. The said council shall also have power to
require labor from all male citizens of said town between
the ages of sixteen and sixty years, not exceeding three
days in each year, to aid in keeping said streets in order:
provided, however, that the said citizens may pay seventy-
five cents per day for each day they may be so required to
labor, in lieu of rendering said service; and said council
shall have power to enforce the performance of such labor
by fine. In consideration whereof, the citizens and prop-
erty of said town are hereby exempted from the payment
of one-half of the county levy and from the payment of
the county poll tax: provided, that the county levy of
Hanover county shall be considered to include, as it does
now, the road taxes and poor rates; provided further, that
the said town of Ashland shall at its own expense provide
for its own poor and keep its streets and roads in order;
provided further, that the citizens and property shall be
exempted from the payment of any special road tax which
may hereafter be levied by said county. The council
shall, out of its annual revenues, make such appropria-
tions as it may deem proper to aid in carrying on the pub-
lic schools of said town, and the trustees of the public
schools in said town shall have no power to require said
council to make any appropriations therefor.

§3. The council shall elect from their number or from
any qualified electors of the town one person to preside at
their meetings, who shall be the mayor of the said town,
and shall have no vote except when they are equally di-
vided, in which case he shall give the casting vote; and
the said council shall also select from their number a
president pro tempore, who shall preside over the meetings
of the council in the absence of the mayor, and the said
president pro tempore, while so presiding, or during the
absence, sickness, or other disability of the mayor, shall
exercise all the powers of the mayor. The council may be
convened at any time upon the call of the president or any
three members. The mayor of said town shall be, and he
is hereby, invested with the power conferred by sections
one thousand and thirty-one and one thousand and thirty-
three of the code of Virginia; and it is hereby expressly
declared that the mayor of the said town shall be, and he
is hereby, invested with the power and authority of a jus-
tice of the peace within one mile of the corporate limits of
said town, to have and exercise like jurisdiction in al] cases
originating in said limits that a justice of the peace may
now or hereafter have and exercise; and it is hereby made
the duty of said mayor, acting as a justice of the peace as
aforesaid, to suppress all disturbances, riots, and disor-
derly conduct within the bounds of said town, and the
more effectually to do this he is hereby clothed with power
to appoint such police force to aid the sergeant of said
town (who shall have contro] of same under the orders of
the mayor) whenever and as he may deem necessary. He
shall have power to issue process, hear and determine all
prosecutions, cases, and controversies, civil and criminal,
arising within one mile of the limits of said town, with
like jurisdiction as justices of the peace now have. In all
cases whatsoever wherein the fine or other matter or thing
shall exceed in value or amount the sum of ten dollars
appeals shall be had to the county court of the county of
Hanover, in the same manner and upon the same terms as
appeals are now taken from judgments of a justice of the

ace.

§ 4. The sergeant of said town shall be a conservator of
the peace, and for that purpose shall be vested with all
the powers of a constable within the corporate Jimits of
said town, and to the distance of one mile beyond, and
shall have power to arrest offenders anywhere within said
county for offences committed within the said town, or in
one mile of its limits, and convey any person to the
county jail who may be ordered by the mayor, or the pres-
ident pro tempore of said council, to be committed,
charged with any offence against this commonwealth,
there to be dealt with as if committed by a justice of the
peace, and shall be entitled to the same compensation as
a constable would be for like services. He shall have
control of any special police force that the mayor or pres-
ident pro tempore may appoint, and of any regular police
force authorized by the council. He shall, unless other-
wise provided by the council, collect the town taxes, and
all fines imposed for violation of the by-laws or ordi-
nances made for the government of said town, and for
this purpose shall be clothed with like powers to enforce
the same as a sheriff or constable now has. He shall
also perform such other ministerial duties as may be im-
posed upon him by said council, and for his services
shall receive a reasonable compensation, to be fixed by
the council. The said sergeant shall give bond, payable
to the town of Ashland, or to the council of said town,
and to their successors, with good security, to be approved
by said council, in a penalty of not less than fifteen hun-
dred dollars nor more than three thousand dollars, and
conditioned for the faithful discharge of the duties of his
office. The said council shall have power to appoint a
collector of taxes, if they think proper, who shall give
bond in Jike manner in such penalty not less than fifteen
hundred dollars, as the council may prescribe, and with
good security, to be approved by the council. Such col-
lector of taxes shall have the powers conferred by section
one thousand and forty-four of the code of Virginia.

2. Be it further enacted, That any person applying to
the county court of Hanover for license to sell spirituous
liquors, wine, beer, ale, or porter, or any mixture thereof,
within the corporate limits of the town of Ashland, or
within one mile of the corporate limits of the said town,
shall produce before the court of the said county a certif-
icate of the council of the said town to the effect that the
applicant is a suitable person. and that no good reason is
known to the council why the license should not be
granted; and the said court shall not grant any license
to sell liquors within the said limits until and unless
such certificate be given.

3. Be it further enacted, That the said council shall
have authority to acquire by purchase or condemnation,
all real estate that may be deemed necessary for the pur-
pose of erecting suitable town buildings, market-house
and public squares, or streets and alleys, and to purchase
all such apparatus, carts, wagons, fire-engines, or other
machines necessary for its purposes; and the council
may borrow money to pay for any such property and exe-
cute its notes or bonds therefor, or may execute any notes
or bonds for any deferred payments upon purchasing said
property, and the said council shall provide how eaid
notes are to be drawn. The council] may also sell any
real estate it now owns or may hereafter acquire when no
longer needed for its purposes.

4. Beit further enacted, That it shall be lawful for the
council of the said town to borrow a sum of money not
exceeding the sum of twenty-five thousand dollars, at a
rate of interest not exceeding six per centum, to be
expended by said council in improving the streets and
drainage of said town: provided, however, that the bonds
issued for such money shall not be made payable within
less than twenty years from their date; and that it shall
be the duty of the council to provide a sinking fund suffi-
cient to pay off said bonds at their maturity: and provided
further, that the said council shall not have authority
to borrow said sum of money, or any part thereof, until the
expediency of said loan shall be submitted to a vote of the
voters of said town, at an election to be held for that pur-
pose at such time as the said council may appoint: and
provided further, that unless two-thirds of all the votes
lawfully cast at such election shall be in favor of such
loan, it shall not be lawful for said council to borrow any
money under this act.

5. Be it further enacted, That James W. Taylor, Clifton
Lee, John G. Tiller, E. M. Delarue, C. B. Jones, G. R. Nixon,
and Charles Stebbins, and four other electors of said town,
to be chosen by them, shall constitute the council of the
said town until July first, eighteen hundred and ninety-
two, and thereafter until their successors are elected or
appointed and qualified.

6. This act shall be in force from its passage.